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Collusion occurs when ‘the insured and a third party claimant work together to inflate the third party’s recovery to artificially increase damages flowing from the insurer’s breach’ of the duty to defend.
Coverage Assessment involves determining whether a particular loss or damage is covered under the terms of an insurance policy. This assessment addresses legal questions about the applicability and extent of a policy’s coverage.
Generally, an insurance company may deny coverage for a claim or void a policy from inception as if the policy failed to ever exist, when a client, being an insured, engages in providing a material misrepresentation to the insurance company.
The insurer’s denial of coverage and a defense frees the insured to make a reasonable settlement with the plaintiff, allow a judgment to be obtained against him or her, and then maintain (or assign) an action against the insurer for breach of its duties, all without the insurer’s consent. (Hamilton v.
If any other vehicle in the accident was uninsured, you can make a claim under the mandatory Uninsured Motorist Coverage of your policy. Coverage is up to $25,000, less the first $300. You must be able to identify the owner or driver of the other vehicle to qualify.
Apr 12, 2023 · The Insurer’s Duty To Accept A Reasonable Settlement. In considering whether to accept the claimant’s settlement demand, an insurer has an implied duty of good faith that requires it to consider the interests of its insured on at least an equal level with its own.
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In Ontario, when a driver has caused an accident and injured people, both the driver and owner of the vehicle are equally at fault. If the driver or owner is insured, their insurance company will defend them and pay for any personal injury claims made against them from the accident.
